California Code
Welfare and Institutions Code - WIC
DIVISION 4 - MENTAL HEALTH

PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT

CHAPTER 1 - General

Section 4000. - 4000. There is in the California Health and Human Services...

Section 4001. - 4001. As used in this division “state hospital” means any...

Section 4004. - 4004. The department is under the control of an executive...

Section 4005. - 4005. With the consent of the Senate, the Governor shall...

Section 4005.1. - 4005.1. The State Department of State Hospitals, the State Department...

Section 4005.4. - 4005.4. All regulations heretofore adopted by the State Department of...

Section 4005.5. - 4005.5. All regulations relating to state hospitals previously adopted by...

Section 4005.6. - 4005.6. All regulations heretofore adopted by the State Department of...

Section 4005.7. - 4005.7. All regulations heretofore adopted by the State Department of...

Section 4005.8. - 4005.8. (a) The Deputy Director of the Office of Protective...

Section 4006. - 4006. With the approval of the Department of Finance and...

Section 4007. - 4007. The department may expend in accordance with law all...

Section 4008. - 4008. (a) The department may expend money in accordance with...

Section 4009. - 4009. The department may appoint and fix the compensation of...

Section 4010. - 4010. Except as in this chapter otherwise prescribed, the provisions...

Section 4011. - 4011. (a) The State Department of Health Care Services has...

Section 4011.5. - 4011.5. In counties where hospitals under the jurisdiction of the...

Section 4012. - 4012. The State Department of State Hospitals, the State Department...

Section 4012.5. - 4012.5. The State Department of State Hospitals may obtain psychiatric,...

Section 4015. - 4015. (a) The State Department of State Hospitals shall, in...

Section 4016. - 4016. In every place in which a person with a...

Section 4017. - 4017. (a) The department may provide information to the Controller...

Section 4021. - 4021. (a) When the department has reason to believe that...

Section 4022. - 4022. When complaint is made to the department regarding the...

Section 4023. - 4023. (a) The State Department of State Hospitals shall report...

Section 4023.6. - 4023.6. (a) The Office of Law Enforcement Support within the...

Section 4023.7. - 4023.7. (a) The Office of Law Enforcement Support shall be...

Section 4023.8. - 4023.8. (a) (1) Commencing October 1, 2016, the Office of...

Section 4024. - 4024. The State Department of State Hospitals proposed allocations for...

Section 4024.7. - 4024.7. The Governor or the Director of Health Care Services...

Section 4025. - 4025. Charges made by the department for the care and...

Section 4027. - 4027. The State Department of State Hospitals may adopt regulations...

CHAPTER 2 - Planning, Research, Evaluation and Quality Assurance

ARTICLE 1 - Planning, Research, Evaluation, and Quality Assurance

Section 4030. - 4030. The Director of Health Care Services shall organize appropriate...

Section 4031. - 4031. The State Department of Health Care Services shall, to...

Section 4032. - 4032. The State Department of Health Care Services shall, when...

Section 4033. - 4033. (a) The State Department of Health Care Services shall,...

ARTICLE 2 - Research and Evaluation

Section 4040. - 4040. The State Department of Health Care Services or State...

Section 4041. - 4041. The department shall serve as a clearinghouse for information...

Section 4042. - 4042. The State Department of State Hospitals shall cooperate and...

Section 4043. - 4043. (a) It is the intent of the Legislature that...

Section 4044. - 4044. Research performed pursuant to this chapter shall have as...

Section 4045. - 4045. In order to improve the quality of mental health...

ARTICLE 3 - Technical Assistance

Section 4050. - 4050. The State Department of Health Care Services shall provide,...

Section 4051. - 4051. The State Department of Health Care Services shall, to...

Section 4052. - 4052. The State Department of Health Care Services shall, to...

Section 4060. - 4060. The State Department of Health Care Services shall, in...

Section 4061. - 4061. (a) The State Department of Health Care Services shall...

CHAPTER 3 - Facility Licensing, Program Certification, and Ratesetting

ARTICLE 3 - Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities

Section 4080. - 4080. (a) Psychiatric health facilities, as defined in Section 1250.2...

Section 4081. - 4081. (a) (1) Psychiatric residential treatment facilities, as defined in...

Section 4082. - 4082. (a) Each new or renewal application for a psychiatric...

Section 4083. - 4083. (a) Each psychiatric residential treatment facility shall provide the...

ARTICLE 4 - Social Rehabilitation Facilities and Community Residential Treatment Programs

Section 4090. - 4090. (a) The State Department of Health Care Services shall...

Section 4091. - 4091. Nothing in Section 4090 limits the authority of the...

ARTICLE 5 - Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents

Section 4094. - 4094. (a) The State Department of Mental Health shall establish,...

Section 4094.1. - 4094.1. The State Department of Health Care Services and the...

Section 4094.2. - 4094.2. (a) For the purpose of establishing payment rates for...

Section 4094.5. - 4094.5. Regulations for community treatment facilities adopted pursuant to Section...

Section 4094.6. - 4094.6. The patients’ rights provisions contained in Sections 5325, 5325.1,...

Section 4094.7. - 4094.7. (a) A community treatment facility may have both secure...

Section 4095. - 4095. (a) It is the intent of the Legislature that...

Section 4096. - 4096. (a) This section governs interagency placement committees related to...

Section 4096.5. - 4096.5. (a) This section governs standards for the mental health...

Section 4096.55. - 4096.55. (a) The State Department of Social Services, in collaboration...

Section 4096.6. - 4096.6. (a) For the purpose of this section, “family-based aftercare...

CHAPTER 4 - Brandon s Law

Section 4097. - 4097. (a) The Legislature recognizes that some consumers with mental...

CHAPTER 6 - Suicide Prevention Programs

Section 4098. - 4098. The Legislature finds and declares all of the following:...

Section 4098.1. - 4098.1. This chapter shall be known and may be cited...

Section 4098.2. - 4098.2. (a) The State Department of Health Care Services, contingent...

Section 4098.3. - 4098.3. The department may contract with an outside agency to...

Section 4098.4. - 4098.4. (a) The department may contract with local mental health...

Section 4098.5. - 4098.5. The department may establish and implement, or contract with...

PART 2 - ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED

CHAPTER 1 - Jurisdiction and General Government

Section 4100. - 4100. The department has jurisdiction over the following facilities: (a)...

Section 4100.2. - 4100.2. (a) Commencing January 10, 2009, and each year thereafter,...

Section 4100.5. - 4100.5. The department may contract with the State Department of...

Section 4101. - 4101. Except as otherwise specifically provided elsewhere in this code,...

Section 4101.5. - 4101.5. (a) Notwithstanding any other law, the State Department of...

Section 4102. - 4102. Each state hospital is a corporation. (Repealed and added...

Section 4103. - 4103. Each such corporation may acquire and hold in its...

Section 4104. - 4104. All lands necessary for the use of the state...

Section 4105. - 4105. The Director of General Services shall grant to the...

Section 4106. - 4106. Notwithstanding the provisions of Section 4104, the Director of...

Section 4107. - 4107. (a) The security of patients committed pursuant to Section...

Section 4107.1. - 4107.1. Consistent with the authority of the State Department of...

Section 4109. - 4109. The State Department of State Hospitals has general control...

Section 4109.5. - 4109.5. (a) Whenever the department proposes the closure of a...

Section 4110. - 4110. The executive director shall provide detailed expenditure estimates of...

Section 4111. - 4111. The state hospitals may manufacture supplies and materials necessary...

Section 4112. - 4112. (a) All money belonging to the state and received...

Section 4112.1. - 4112.1. Section 4112 does not apply to the funds known...

Section 4113. - 4113. The state hospitals and the officers thereof shall make...

Section 4114. - 4114. The executive director or other person in charge of...

Section 4115. - 4115. The department may permit, subject to such conditions and...

Section 4116. - 4116. The department may establish and supervise under its rules...

Section 4117. - 4117. (a) Whenever a trial is had of any person...

Section 4119. - 4119. (a) The State Department of State Hospitals shall investigate...

Section 4120. - 4120. (a) Except as otherwise provided in this section, in...

Section 4121. - 4121. (a) All expenses incurred in returning these persons to...

Section 4122. - 4122. The State Department of State Hospitals, when it deems...

Section 4123. - 4123. The Director of State Hospitals may authorize the transfer...

Section 4124. - 4124. The State Department of State Hospitals shall send to...

Section 4125. - 4125. (a) The director may deposit any funds of any...

Section 4126. - 4126. Whenever any patient in any state institution subject to...

Section 4127. - 4127. (a) Whenever any patient in any state institution subject...

Section 4128. - 4128. Before any money or other personal property or documents...

Section 4129. - 4129. At the time of delivering any money or other...

Section 4130. - 4130. When any personal property has been destroyed as provided...

Section 4131. - 4131. Notwithstanding any other provision of law, the provisions of...

Section 4132. - 4132. (a) It is hereby declared that the provisions of...

Section 4133. - 4133. All day hospitals and rehabilitation centers maintained by the...

Section 4134. - 4134. The state mental hospitals under the jurisdiction of the...

Section 4135. - 4135. Any person committed to the State Department of State...

Section 4136. - 4136. (a) Each patient in a state hospital who has...

Section 4137. - 4137. Whenever a patient dies in a state mental hospital...

Section 4138. - 4138. (a) Upon receiving a request from the director of...

Section 4139. - 4139. (a) Except as otherwise authorized by law, or when...

Section 4141. - 4141. (a) (1) Each state hospital shall update its injury...

Section 4142. - 4142. (a) Notwithstanding any other law, whenever a patient is...

Section 4143. - 4143. (a) Commencing July 1, 2015, and subject to available...

Section 4144. - 4144. (a) A state hospital psychiatrist or psychologist may refer...

Section 4145. - 4145. (a) The State Department of State Hospitals shall monitor...

Section 4146. - 4146. (a) This section applies in cases in which a...

Section 4147. - 4147. (a) To confront the crisis of individuals found incompetent...

CHAPTER 2 - Boards of Trustees and Other Advisory Boards

Section 4200. - 4200. (a) Each state hospital under the jurisdiction of the...

Section 4201. - 4201. No person shall be eligible for appointment to a...

Section 4202. - 4202. The advisory boards of the several state hospitals are...

Section 4202.5. - 4202.5. (a) The chairman of a hospital advisory board advising...

Section 4203. - 4203. The Atascadero State Hospital shall have an advisory board...

CHAPTER 2.5 - Families of Persons With Serious Mental Disorders

Section 4240. - 4240. The Legislature finds and declares all of the following:...

Section 4241. - 4241. (a) It is the intent of the Legislature, by...

Section 4242. - 4242. As used in this chapter, the following definitions apply:...

Section 4243. - 4243. (a) All funds appropriated for the purposes of this...

Section 4244. - 4244. The Director of State Hospitals shall enter into a...

Section 4245. - 4245. Contracts entered in pursuant to this chapter shall: (a)...

CHAPTER 3 - Officers and Employees

Section 4300. - 4300. As used in this chapter, “officers” of a state...

Section 4301. - 4301. (a) The Director of State Hospitals shall appoint and...

Section 4302. - 4302. The Director of State Hospitals shall have the final...

Section 4303. - 4303. Salaries of resident and other officers and wages of...

Section 4304. - 4304. The primary purpose of a state hospital is the...

Section 4305. - 4305. (a) Subject to the rules and regulations established by...

Section 4306. - 4306. (a) Subject to the rules and regulations established by...

Section 4307. - 4307. The hospital director is the chief executive officer of...

Section 4308. - 4308. (a) If a vacancy occurs in a hospital under...

Section 4309. - 4309. The hospital director is responsible for the overall management...

Section 4311. - 4311. (a) The chief of police services at the hospital...

Section 4312. - 4312. The hospital director may establish rules and regulations not...

Section 4313. - 4313. The chief of police services, supervising investigators, investigators, and...

Section 4313.5. - 4313.5. (a) Designated investigators of state hospitals shall request a...

Section 4314. - 4314. (a) The Director of State Hospitals may set aside...

Section 4316. - 4316. (a) Subject to rules and regulations adopted by the...

Section 4317. - 4317. At each state hospital at which there is established...

Section 4317.5. - 4317.5. The hospital director, subject to rules and regulations adopted...

Section 4318. - 4318. Each state hospital shall, prior to the discharge of...

Section 4319. - 4319. To ensure a continuous level of competency for all...

Section 4320. - 4320. To ensure an adequate supply of licensed psychiatric technicians...

CHAPTER 4 - County Use of State Hospitals

Section 4330. - 4330. The State Department of Mental Health, or its successor,...

Section 4331. - 4331. (a) No later than July 1, 1992, and in...

Section 4332. - 4332. (a) Contracts entered into pursuant to Section 4331 shall...

Section 4333. - 4333. (a) In the event a county or counties elect...

Section 4333.5. - 4333.5. (a) The State Department of State Hospitals shall encourage...

Section 4334. - 4334. The State Department of State Hospitals, in collaboration with...

Section 4335. - 4335. Nothing in this chapter is intended to prevent the...

Section 4335.2. - 4335.2. (a) As used in this section, “department” means the...

Section 4336. - 4336. (a) As used in this section, “department” means the...

PART 3 - DEPARTMENTAL PROGRAM INITIATIVES

CHAPTER 1 - Self-Help Programs

Section 4340. - 4340. The State Department of Health Care Services may maintain...

CHAPTER 2 - Human Resource Development

Section 4341. - 4341. (a) In order to ensure the availability of an...

Section 4341.5. - 4341.5. In order to ensure an adequate number of qualified...

CHAPTER 4 - Primary Intervention Program

Section 4343. - 4343. The Legislature recognizes that prevention and early intervention services...

Section 4344. - 4344. Primary intervention programs shall be developed in accordance with...

Section 4345. - 4345. The Director of Mental Health shall develop guidelines for...

Section 4346. - 4346. (a) Each primary intervention program shall have a core...

Section 4347. - 4347. School districts or publicly funded preschools receiving funds under...

Section 4348. - 4348. (a) (1) Subject to the availability of funding each...

Section 4349. - 4349. The State Department of Mental Health shall, on the...

Section 4349.5. - 4349.5. Grants that have been awarded prior to the effective...

Section 4349.7. - 4349.7. Proposals submitted to the department between April 1, 1992,...

Section 4350. - 4350. (a) The role of the school district or preschool...

Section 4350.5. - 4350.5. (a) School districts or county superintendents of schools proposing...

Section 4351. - 4351. The department shall provide for training of program personnel....

Section 4352. - 4352. (a) The State Department of Mental Health shall conduct...

Section 4352.5. - 4352.5. Up to 10 percent of the total state funds...

CHAPTER 5 - Persons With Acquired Traumatic Brain Injury

Section 4353. - 4353. The Legislature finds and declares all of the following:...

Section 4354. - 4354. For purposes of this chapter, the following definitions shall...

Section 4354.5. - 4354.5. The Legislature finds and declares all of the following:...

Section 4355. - 4355. (a) On or before July 1, 2024, the department...

Section 4356. - 4356. Using data collected consistent with requirements established pursuant to...

Section 4357. - 4357. (a) Service providers shall identify the needs of consumers...

Section 4357.1. - 4357.1. (a) The department may make grants from the funds...

Section 4358. - 4358. There is hereby created in the State Treasury the...

Section 4358.5. - 4358.5. Funds deposited into the Traumatic Brain Injury Fund pursuant...

CHAPTER 6 - Conditional Release Program

Section 4360. - 4360. (a) The State Department of State Hospitals shall provide...

Section 4360.5. - 4360.5. (a) The State Department of State Hospitals shall establish...

CHAPTER 6.5 - Diversion Funding for Individuals with Serious Mental Disorders

Section 4361. - 4361. (a) As used in this section, “department” means the...

CHAPTER 6.7 - State Department of State Hospitals: Contracting Facilities

Section 4361.5. - 4361.5. For purposes of this chapter, “department” means the State...

Section 4361.6. - 4361.6. (a) Subject to an appropriation by the Legislature for...

Section 4361.7. - 4361.7. (a) Subject to an appropriation by the Legislature for...

CHAPTER 8 - State Program Of Problem Gambling

Section 4369. - 4369. There is within the State Department of Public Health,...

Section 4369.1. - 4369.1. As used in this chapter, the following definitions shall...

Section 4369.2. - 4369.2. (a) The office shall develop a gambling disorder prevention...

Section 4369.3. - 4369.3. In designing and developing the overall program, the office...

Section 4369.4. - 4369.4. All state agencies, including, but not limited to, the...

PART 4 - SCHOOL-BASED EARLY MENTAL HEALTH INTERVENTION AND PREVENTION SERVICES FOR CHILDREN ACT

CHAPTER 1 - General Provisions and Definitions

Section 4370. - 4370. This part shall be known and may be cited...

Section 4371. - 4371. The Legislature finds and declares all of the following:...

Section 4372. - 4372. For the purposes of this part, the following definitions...

CHAPTER 2 - School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program

Section 4380. - 4380. Subject to the availability of funding each year, the...

Section 4381. - 4381. No funding shall be made available to any program...

Section 4383. - 4383. (a) For the 1991–92 and 1992–93 fiscal years, a...

CHAPTER 3 - School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program Evaluations and Reports

Section 4390. - 4390. The Legislature finds that an evaluation of program effectiveness...